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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Around July 28, 2003, the Defendant: (a) the Defendant borrowed money from the victim B, on the grounds that the Defendant had been operated by the Defendant located in Seoan City C and 1st floor in Jeonan-si, Boan-si; and (b) the Defendant’s wife of Schlage and the second floor was insufficient to operate the management office; and (c) the Defendant borrowed money from the Defendant’s business fund to the Defendant, the Defendant made a false statement to repay the money to the Defendant
However, at the time, the Defendant was not less than KRW 100 million, but there was no particular asset or income, and the purpose was to use money borrowed from the victim for the purpose of preventing the return of all kinds of debts, and without notifying the victim of the financial situation, the Defendant did not have any intent or ability to fully repay the money borrowed from the victim, such as purchasing 11 insurance products recommended by the victim and purchasing the refund of the victim.
As above, on July 28, 2003, the Defendant, by deceiving the victim as above, received 550,000 won through the Defendant’s bank account (D) on the pretext of borrowing money from the victim, and received 289,568,00 won as stated in attached Form 1 through 25 of the daily list of the crimes of defraudation of borrowed money.
2. On September 24, 2004, the Defendant: (a) purchased a monthly insurance policy with the victim, who was an insurance solicitor, to purchase a monthly insurance policy with the amount equivalent to KRW 500,000,000,00, and (b) concluded that the victim would pay the insurance premium instead of the insurance premium, the Defendant would pay the insurance premium later.
However, due to the circumstances stated in Paragraph 1 at the time, the Defendant did not have the ability to pay insurance premiums even if he was insured, and did not have the intent or ability to pay the amount equivalent to the insurance premiums to the victim even if the victim provided the money instead of the insurance money.
The defendant deceivings the victim as above and premiums attached to him.